HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/VA.ASC

Text File | 1993-01-14 | 33KB | 674 lines

/* VIRGINIA has a grants program and resource centers; school
attendance laws and college education programs; and communicable
disease control laws. */



 2.1-51.14:1. (Effective until July 1, 1994) Responsibility of
certain agencies within the Secretariat. - The Boards of Health,
Mental Health, Mental Retardation and Substance Abuse Services,
Social Services, and Medical Assistance Services and the
Department of Rehabilitative Services shall review their
regulations and policies related to service delivery in order to
ascertain and eliminate any discrimination against individuals
infected with human immunodeficiency virus.



 2.1-51.14:1. (Effective July 1, 1994) Responsibility of certain
agencies within the Secretariat. - The Boards of Health, Mental
Health, Mental Retardation and Substance Abuse Services,
Rehabilitative Services, Social Services, and Medical Assistance
Services shall review their regulations and policies related to
service delivery in order to ascertain and eliminate any
discrimination against individuals infected with human
immunodeficiency virus.



 22.1-271.3. Guidelines for school attendance for children
infected with human immunodeficiency virus. - A. The Board of
Education, in cooperation with the Board of Health, shall
develop, and revise as necessary, model guidelines for school
attendance for children infected with human immunodeficiency
virus. The first such guidelines shall be completed by December
1, 1989. The Board shall distribute copies of these guidelines to
each division superintendent and every school board member in the
Commonwealth immediately following completion.

B.   Each school board shall, by July 1, 1990, adopt guidelines
for school attendance for children with human immunodeficiency
virus. Such guidelines shall be consistent with the model
guidelines for such school attendance developed by the Board of
Education.



 23-9.2:3.2. Education program on human immunodeficiency virus
infection. - Virginia public colleges and universities, in
cooperation with the State Council of Higher Education and the
Department of Health, shall develop and implement education
programs for college students on the etiology, effects and
prevention of infection with human immunodeficiency virus, The
Council shall also encourage private colleges and universities to
develop such programs.



 32.1-11.1. Board to establish acquired immunodeficiency syndrome
services and education grants program. - With such funds as are
appropriated for this purpose, the Board of Health shall
establish the acquired immunodeficiency syndrome services and
education grants program. The Board may award grants for (i) the
provision of direct patient services including, but not limited
to, mental health services, and home and community based health
services; and (ii) broad-based community AIDS education efforts
including, but not limited to, education of high risk
populations, street outreach efforts and improvement of public
knowledge, awareness and attitudes about human immunodeficiency
virus infection and persons with acquired immunodeficiency
syndrome.

The Board shall appoint an advisory committee of experts in the
delivery of services to persons with AIDS and AIDS education to
assist in the development of the criteria for awarding such
grants, the contents of the request for proposals, evaluation and
ranking of the applications and making recommendations for the
awarding of the grants.



 32.1-11.2. Regional AIDS resource and consultation centers;
pilot treatment centers. - Utilizing existing state and local
facilities and from such funds as are appropriated for this
purpose, the Board of Health shall provide grants for no more
than five regional AIDS resource and consultation centers and two
pilot treatment centers.

Each regional AIDS resource and consultation center shall be
designed to address the need for expanded medical care and
support services for persons with human immunodeficiency virus
infection through education of health care professionals on a
broad range of AIDS-related issues, clinical training for health
care practitioners and students, medical consultation to
community physicians and other health care providers, provision
of current technical medical materials such as manuals and
protocols for the management of HIV infect-on   d medical
literature, facilitation of access to health services, mental
health and substance abuse services. support services and case
management for HIV-infected persons The regional AIDS resource
and consultation centers shall cooperate with at least one of the
medical schools located in the Commonwealth.

Each pilot treatment center shall supply medical care and support
services for persons with human immunodeficiency virus infection.

The Board shall establish criteria for award of the grants. The
criteria for the grants for the regional AIDS resource and
consultation centers shall include, but not be limited to: (i)
priority targeting of funds for services to high risk
populations: (ii) geographical distribution of the centers in
order to provide equal access to services throughout the
Commonwealth; (iii) pro rata apportionment of funds according to
the number of cases of acquired immunodeficiency syndrome in the
various areas of the Commonwealth; (iv) development of innovative
and flexible approaches to provision of services tailored to the
specific needs of patients in the region; and (v) extensive
community involvement.



 32.1-11.4. Board to establish worksite health promotion grants
program. - With such funds as are appropriated for this purpose,
the Board of Health shall establish the worksite health promotion
grants program. The Board may award grants for the provision of
worksite health promotion programs that may include, among other
things. on-site health education and screening efforts,
information about health risk behaviors linked to preventable
disease and disability, occupational safety and health programs,
and employer-sponsored physical fitness programs.



 32.1-11.2. Regional AIDS resource and consultation centers; HIV
early intervention centers. - Utilizing existing state and local
facilities and from such funds as are appropriated for this
purpose, the Board of Health shall provide grants for no more
than five regional AIDS resource and consultation centers and two
HIV early intervention centers.

Each regional AIDS resource and consultation center shall be
designed to address the need for expanded medical care and
support services for persons with human immunodeficiency virus
infection through education of health care professionals on a
broad range of AIDS-related issues. clinical training for health
care practitioners and students, medical consultation to
community physicians and other health care providers. provision
of current technical medical materials such as manuals and
protocols for the management of HIV infection and medical
literature, facilitation of access to health services, mental
health and substance abuse services, support services and case
management for HIV-infected persons. The regional AIDS resource
and consultation centers shall cooperate with at least one of the
medical schools located in the Commonwealth.

Each HIV early intervention center shall supply medical care and
support services for persons with human immunodeficiency virus
infection in accordance with its agreement with the Commissioner
of Health.

The Board shall establish criteria for award of the grants. The
criteria for the grants for the regional AIDS resource and
consultation centers shall include, but not be limited to: (i)
priority targeting of funds for services to high risk
populations; (ii) geographical distribution of the centers in
order to provide equal access to services throughout the
Commonwealth; (iii) pro rata apportionment of funds according to
the number of cases of acquired immunodeficiency syndrome in the
various areas of the Commonwealth; (iv) development of innovative
and flexible approaches to provision of services tailored to the
specific needs of patients in the region; and (v) extensive
community involvement.



 32.1-36.1. Confidentiality of test for human immunodeficiency vi
rus; civil penalty; individual action for damages or penalty. -
A. The results of every test to determine infection with human
immunodeficiency virus shall be confidential. Such information
may only be released to the following persons:

1.   The subject of the test or his legally authorized
representative.

2.   Any person designated in a release signed by the subject of
the test or his legally authorized representative.

3.   The Department of Health.

4.   Health care providers for purposes of consultation or
providing care and treatment to the person who was the subject of
the test or providing care and treatment to a child of a woman
who, at the time of such child's birth, was known to be infected
with human immunodeficiency virus.

5.   Health care facility staff committees which monitor,
evaluate. or review programs or services.

6.   Medical or epidemiological researchers for use as
statistical data only.

7.   Any person allowed access to such information by a court
order.

8.   Any facility which procures, processes, distributes or uses
blood, other body fluids, tissues or organs.

9.   Any person authorized by law to receive such information.

10.  The parents or other legal custodian of the subject of the
test if the subject is a minor.



 32.1-45.1. Deemed consent to testing and release of test results
related  to  infection  with  human  immunodeficiency  virus,  -
A. Whenever any health care provider, or any person employed by
or under the direction and control of a health care provider, is
directly exposed to body fluids of a patient in a manner which
may, according to the then current guidelines of the Centers for
Disease Control, transmit human immunodeficiency virus. the
patient whose body fluids were involved in the exposure shall be
deemed to have consented to testing for infection with human
immunodeficiency virus. Such patient shall also be deemed to have
consented to the release of such test results to the person who
was exposed. In other than emergency situations, it shall be the
responsibility of the health care provider to inform patients of
this provision prior to providing them with health care services
which create a risk of such exposure.

B.   Whenever any patient is directly exposed to body fluids of a
health care provider. or of any person employed by or under the
direction and control of a health care provider, in a manner
which may, according to the then current guidelines of the
Centers for Disease Control, transmit human immunodeficiency
virus, the person whose body fluids were involved in the exposure
shall be deemed to have consented to testing for infection with
human immunodeficiency virus. Such person shall also be deemed to
have consented to the release of such test results to the patient
who was exposed.

C.   For the purposes of this section, "health care provider"
means any person, facility or agency licensed or certified to
provide care or treatment by the Department of Health, Department
of Mental Health, Mental Retardation and Substance Abuse
Services, Department of Rehabilitative Services, or the
Department of Social Services, any person licensed or certified
by a health regulatory board within the Department of Health
Professions except for the Boards of Funeral Directors and
Embalmers and Veterinary Medicine or any personal care agency
contracting with the Department of Medical Assistance Services.



 32.1-45.2. (Effective until July 1, 1994) Public safety
employees and testing for blood-borne pathogens. - A. If, in the
course of employment, an employee of a public safety agency is
involved in a possible exposure prone incident, the employee
shall immediately, or as soon thereafter as practicable, notify
the agency of the incident in accordance with the agency's
procedures for reporting workplace accidents.

B.   If, after reviewing the facts of the possible exposure prone
incident with the employee and after medical consultation, the
agency concludes that it is reasonable to believe that an
exposure prone incident may have occurred, (i) the agency shall
request the person whose body fluids were involved to give
informed consent, as provided in i 32.1-37.2, to submit to
testing for hepatitis B virus and human immunodeficiency virus
and to authorize disclosure of the test results or (ii) if the
person is deceased, the agency shall request the custodian of the
remains to preserve a specimen of blood and shall request the
decedent's next of kin to provide informed consent, as provided
in  32.1-37.2, to such testing and to authorize disclosure of the
test results.

C.   If a person is involved in a possible exposure prone
incident involving the body fluids of an employee of a public
safety agency, the person may request the agency to review the
facts of the possible exposure prone incident for purposes of
obtaining the employee's informed consent, as provided in
Sections 32.1-37.2, to test for hepatitis B virus and human
immunodeficiency virus and to authorize disclosure of the test
results. If, after reviewing the facts and after medical
consultation, the agency concludes it is reasonable to believe an
exposure prone incident involving the person and the employee may
have occurred, (i) the agency shall request the employee whose
body fluids were involved to give informed consent to submit to
testing for hepatitis B virus and human immunodeficiency virus
and to authorize disclosure of the test results or (ii) if the
employee is deceased, the agency shall request the custodian of
the remains to preserve a specimen of blood and shall request the
decedent's next of kin to provide informed consent, as provided
in  32.1-37.2, to such testing and to authorize disclosure of the
test results.

D. If informed consent is refused under subsection B of this
section, the public safety agency or the employee may petition
the general district court of the city or county in which the
person resides or resided, or in the case of a nonresident, the
city or county of the public safety agency's principal office, to
determine whether an exposure prone incident has occurred and to
order testing and disclosure of the test results.

If informed consent is refused under subsection C of this
section, the person involved in the possible exposure prone
incident may petition the general district court of the city or
county of the public safety agency's principal office to
determine whether an exposure prone incident has occurred and to
order testing and disclosure of the test results.

E. If the court finds by a preponderance of the evidence that an
exposure prone incident has occurred, it shall order testing for
hepatitis B virus and human immunodeficiency virus and disclosure
of the test results. The court shall be advised by the
Commissioner or his designee in making this finding. The hearing
shall be held in camera as soon as practicable after the petition
is filed. The record shall be sealed.

F. A party may appeal an order of the general district court to
the circuit court of the same jurisdiction within ten days from
the date of the order. Any such appeal shall be de novo, in
camera. and shall be heard as soon as possible by the circuit
court. The circuit court shall be advised by the Commissioner or
his designee. The record shall be sealed. The order of the
circuit court shall be final and nonappealable.

G. Disclosure of any test results provided by this section shall
be made to the district health director of the jurisdiction in
which the petition was brought or the district in which the
person or employee was tested. The district health director or
his designee shall inform the parties of the test results and
counsel them in accordance with subsection B of  32.1-37.2.

H. The results of the tests shall be confidential as provided in
32.1-36.1.

I. No person known or suspected to be positive for infection with
hepatitis B virus or human immunodeficiency virus shall be
refused services for that reason by any public safety agency
personnel.

This section shall not be deemed to create any duty on the part
of any person where none exists otherwise, and a cause of action
shall not arise from any failure to request consent or to consent
to testing under this section. The remedies available under this
section shall be exclusive.

J. For the purposes of this section, the following terms shall
apply:

"Exposure prone incident" means a direct exposure to body fluids
of another person in a manner which may, according to the then
current guidelines of the Centers for Disease Control, transmit
hepatitis B virus or human immunodeficiency virus and which
occurred during the commission of a criminal act, during the
performance of emergency procedures, care or assistance, or in
the course of public safety or law-enforcement duties.

"Public safety agency" means any sheriffs office and any adult or
youth correctional, law-enforcement, fire safety organization or
any agency or department that employs persons who have law-
enforcement authority and which is under the direction and
control of the Commonwealth or any local governing body.

K. This section shall expire on July 1 1994.



 32.1.45.1. Deemed consent to testing and release of test results
related to infection with human immunodeficiency virus or
hepatitis B or C viruses. - A. Whenever any health care provider,
or any person employed by or under the direction and control of a
health care provider, is directly exposed to body fluids of a
patient in a manner which may, according to the then current
guidelines of the Centers for Disease Control, transmit human
immunodeficiency virus or hepatitis B or C viruses, the patient
whose body fluids were involved in the exposure shall be deemed
to have consented to testing for infection with human
immunodeficiency virus or hepatitis B or C viruses. Such patient
shall also be deemed to have consented to the release of such
test results to the person who was exposed. In other than
emergency situations, it shall be the responsibility of the
health care provider to inform patients of this provision prior
to providing them with health care services which create a risk
of such exposure.

B. Whenever any patient is directly exposed to body fluids of a
health care provider, or of any person employed by or under the
direction and control of a health care provider, in a manner
which may, according to the then current guidelines of the
Centers for Disease Control, transmit human immunodeficiency
virus or hepatitis B or C viruses, the person whose body fluids
were involved in the exposure shall be deemed to have consented
to testing for infection with human immunodeficiency virus or
hepatitis B or C viruses. Such person shall also be deemed to
have consented to the release of such test results to the patient
who was exposed.

C. For the purposes of this section, "health care provider" means
any person, facility or agency licensed or certified to provide
care or treatment by the Department of Health, Department of
Mental Health, Mental Retardation and Substance Abuse Services,
Department of Rehabilitative Services, or the Department of
Social Services, any person licensed or certified by a health
regulatory board within the Department of Health Professions
except for the Boards of Funeral Directors and Embalmers and
Veterinary Medicine or any personal care agency contracting with
the Department of Medical Assistance Services.



 32.1-48.02. Investigations of verified reports or medical
evidence; counseling; outpatient and emergency treatment orders;
custody upon emergency order. - A. Upon receiving at least two
verified reports or upon receiving medical evidence that any
person who is reputed to know that he is infected with a
communicable disease is engaging in at-risk behavior, the
Commissioner or his designee may conduct an investigation through
an examination of the records of the Department and other medical
records to determine the disease status of the individual and
that there is cause to believe he is engaging in at-risk
behavior.

B. If the investigation indicates that the person has a
communicable disease caused by a non-airborne microorganism and
that there is cause to believe he is engaging in at-risk
behavior, the Commissioner or his designee support of himself and
his family. Such determination may be made from time to time
according to the circumstances of each case. If the Commissioner
determines that a patient or person legally liable for his
support can pay for the cost of his care or a portion thereof,
the Commissioner shall collect for the cost of such care the
actual average per diem cost or such portion thereof as the
Commissioner may determine the patient should pay. The
Commissioner shall also collect any third-party payments as may
be available for the care and treatment of such patient unless
other contractual arrangements are made.



 32.1-55. Definition. - As used in this article,  "venereal
disease" includes syphilis, gonorrhea, chancroid, granuloma
inguinale, lymphogranuloma venereum and any other sexually
transmittable disease determined by the Board to be dangerous to
the public health.



 32.1-55.1. Anonymous testing sites for human immunodeficiency
virus. - From such funds as are appropriated for this purpose,
the Board of Health shall make available in all health services
areas of the Commonwealth anonymous testing for infection with
human immunodeficiency virus.



 32.1-56. Information to be provided patients. - It shall be the
duty of every physician or other person who examines or treats a
person having a venereal disease to provide such person with
information about the disease, including, as a minimum, the
nature of the disease, methods of treatment, measures used in
preventing the spread of such disease, and the necessity of tests
to ensure that a cure has been accomplished.



 32.1-57. Examination, testing and treatment; failure to comply
with Order of examination. - A. A local health director may
require any person suspected of being infected with any venereal
disease to submit to examination, testing and treatment if
necessary.

B. If any such person refuses to submit to an examination,
testing or treatment or to continue treatment until found to be
cured by proper test, the local health director may apply to the
appropriate circuit court for an order compelling such
examination, testing or treatment. Any person willfully failing
to comply with such order shall be punishable as for contempt of
court.

C. If a person infected with venereal disease is required by the
local health director to receive treatment therefor and such
person receives such treatment from the local health department,
no fee shall be charged.



 32.1-58. Persons convicted of certain crimes to be examined,
tested and treated. - Each person convicted of a violation of
18.2-346 or  18.2-361 shall be examined and tested for venereal
disease and treated if necessary.



 32.1-59. Examination and treatment in certain institutions. -
Every person admitted to any state correctional institution and
every person who is confined to a state hospital for the mentally
ill or mentally retarded shall be examined and tested for
venereal disease. If any such person is found to be infected with
a venereal disease, the person in charge of such institution
shall promptly provide treatment and shall report such case as
provided in  32.1-37.



 32.1-60. Prenatal tests required - Every physician attending a
pregnant woman during gestation shall examine and test such woman
for such venereal diseases as the Board may designate within
fifteen days after beginning such attendance. Every other person
permitted by law to attend upon pregnant women but not permitted
by law to make such examinations and tests, shall cause such
examinations and tests to be made by a licensed physician or
clinic. Serological tests required by this section shall be made
by the Department of General Services, Division of Consolidated
Laboratory Services (DCLS) or by a laboratory approved for such
purpose by the Division.



 32.1-116.3. Reporting of communicable diseases; definition. -
For the purposes of this section, communicable diseases means any
airborne infection or disease, including, but not limited to,
tuberculosis, measles, certain meningococcal infections, mumps,
chicken pox and Hemophilus Influenzae Type b, and those
transmitted by contact with blood or other human body fluids,
including, but not limited to, human immunodeficiency virus,
Hepatitis B and Non-A, Non-B Hepatitis.

Every licensed health care facility which transfers or receives
patients via emergency medical services ambulances or mobile
intensive care units shall notify the emergency medical services
agencies providing such patient transport of the name and
telephone number of the individual who is the infection control
practitioner with the responsibility of investigating exposure to
infectious diseases in the facility.

Every licensed emergency medical services agency established in
the Commonwealth shall notify all facilities to which they
transport patients or from which they transfer patients of the
names and telephone numbers of the members, not to exceed three
persons, who have been appointed to serve as the communicable
disease liaison officers. Every licensed emergency medical
services agency shall implement universal precautions and shall
ensure that these precautions are appropriately followed and
enforced.

Upon requesting any licensed emergency medical services agency to
transfer a patient who is known to be positive for or who suffers
from any communicable disease which, in the judgment of the
physician authorizing the transfer or the facility's infection
control practitioner, presents any risk to the transporting
emergency medical services personnel or to patients who may be
subsequently transported in the same vehicle, the transferring
facility shall inform the attendant-in-charge of the transferring
crew of the general condition of the patient and the types of
precautions to be taken to prevent the spread of the disease. The
identity of the patient shall be confidential.

If any firefighter, law-enforcement officer, emergency medical
services technician or paramedic has an exposure of blood or body
fluid to mucous membrane, non-intact skin, or a contaminated
needlestick injury, his communicable disease liaison officer
shall be notified, a report completed and the infection control
practitioner at the receiving facility notified.

If, during the course of medical care and treatment, any
physician determines that a patient who was transported to a
receiving facility by any licensed emergency medical services
agency is positive for or has been diagnosed as suffering from an
airborne infectious disease, then the infection control
practitioner in the facility shall immediately notify the
communicable disease liaison officer who represents the
transporting emergency medical services agency of the name of the
patient, and the date and time of the patient's admittance to the
facility. The communicable disease liaison officer for the
transporting emergency medical services agency shall investigate
the incident to determine if any exposure of emergency medical
services personnel or other emergency personnel occurred. The
identity of the patient and all personnel involved in any such
investigation shall be confidential.

If any firefighter, law-enforcement officer, emergency medical
services technician or paramedic shall be exposed to a
communicable disease, the communicable disease liaison officer
shall immediately notify the infection control practitioner of
the receiving facility. The infection control practitioner of the
facility shall conduct an investigation and provide information
concerning the extent and severity of the exposure and the
recommended course of action to the communicable disease liaison
officer of the transporting agency. This section shall not be
construed to create a duty by the receiving facility to perform
any test or tests beyond those necessary for the medical
management of the patient delivered by an emergency medical
services agency to the receiving facility nor shall it affect the
operation of the provisions of  32.1-45.1.

Any person requesting or requiring any employee of a public
safety agency as defined in subsection J of  32.1-45.2 to arrest,
transfer, or otherwise exercise custodial supervision over an
individual known to the requesting person to be infected with any
communicable disease shall inform such public safety agency
employee of a potential risk of exposure to a communicable
disease.

Local or state correctional facilities which transfer patients
known to have a communicable disease shall notify the emergency
medical services agency providing transportation services of a
potential risk of exposure to a communicable disease. For the
purposes of this section, the chief medical person at a local or
state correctional facility or the facility director or his
designee shall be responsible for providing such information to
the transporting agency.

Any person who, as a result of this provision, becomes aware of
the identity or condition of a person known to be positive for or
to suffer from any communicable disease, or to have suffered
exposure to a communicable disease, shall keep such information
confidential, except as expressly authorized by this provision.

No person known to be positive for or to suffer from any
communicable disease shall be refused transportation or service
for that reason by an emergency medical services, law-
enforcement, or public safety agency.



 55-524. Actions under this chapter. - A. Notwithstanding any
other provision of this chapter or any other statute or
regulation, no cause of action shall arise against an owner or a
real estate licensee for failure to disclose that an occupant of
the subject real property, whether or not such real property is
subject to this chapter, was afflicted with human immunodefi
ciency virus (HIV) or that the real property was the site of:

1. An act or occurrence which had no effect on the physical
structure of the real property, its physical environment, or the
improvements located thereon; or

2. A homicide, felony, or suicide.

B. The purchaser's remedies hereunder for failure of an owner to
comply with the provisions of this chapter are as follows:

1. In the event of a misrepresentation in any residential
property disclosure statement or failure to deliver a disclosure
or disclaimer statement, an action for actual damages suffered as
a result of defects existing in the property as of the date of
execution of the real estate purchase contract which would have
been disclosed by a disclosure in compliance with this chapter
and of which the purchaser was not aware at the time of
settlement if by sale of the property, or occupancy by the
purchaser if by lease with the option to purchase; or

2. In the event of a misrepresentation in any residential
property disclosure statement or the failure to provide the
disclosure or disclaimer required by this chapter, the contract
may be terminated subject to the provisions of subsection B of
55-520.

C. Any action brought under this subsection shall be commenced
within one year of the date the purchaser received the disclosure
or disclaimer statement. If no disclosure or disclaimer statement
was delivered to the purchaser, an action shall be commenced
within one year of the date of settlement if by sale, or
occupancy if by lease with an option to purchase.

Nothing contained herein shall prevent a purchaser from pursuing
any remedies at law or equity otherwise available against an
owner in the event of an owner's intentional or willful
misrepresentation of the condition of the subject property.